If you or your children are in danger right now in Bakersfield, you do not have to wait for a court date to get protection. California law allows a judge to issue an emergency domestic violence restraining order — sometimes the same day you ask for one — without the other person being present.
Understanding how this process works can make a frightening situation feel a little more manageable. This article walks you through what an emergency restraining order is, how courts in Bakersfield handle these requests, and what comes next. If you have an immediate safety emergency, please call 911. The National Domestic Violence Hotline is also available at 1-800-799-7233, any time.
What Is an Emergency Domestic Violence Restraining Order?
An emergency domestic violence restraining order (DVRO) is a short-term court order that can require an abusive person to stay away from you, your home, your workplace, and your children. In California, these orders are sometimes called Emergency Protective Orders (EPOs) or Temporary Restraining Orders (TROs), depending on how and when they are issued. A local family-law attorney can explain exactly which type applies to your situation in Bakersfield, CA.
An EPO can be issued by law enforcement on the spot — even in the middle of the night — when an officer responds to a domestic violence call. A TRO is issued by a judge, usually after you file paperwork at the courthouse. Both are designed to give you protection quickly, while a longer-term hearing is scheduled.
These orders can cover several things at once, including the following four common protections:
- Requiring the restrained person to move out of a shared home
- Prohibiting all contact with you and your children
- Granting you temporary custody of your children
- Ordering the restrained person to stay a certain distance away from your home, school, or workplace
Who Can Ask for a Restraining Order in Bakersfield?
In California, anyone who has experienced abuse by a spouse, former spouse, dating partner, co-parent, or certain family members can ask for a domestic violence restraining order. You do not need to be married to the person, and you do not need to have a police report on file, though having documentation can support your request. The Kern County Superior Court — which serves Bakersfield — handles these filings.
You can file on your own behalf, and a parent or guardian can also file on behalf of a child. If you are unsure whether your circumstances qualify, speaking with a family-law attorney in Bakersfield before you file can help you understand what the court will look at.
How Do You File for an Emergency Restraining Order in Bakersfield?
To get a Temporary Restraining Order, you fill out a set of court forms describing the abuse and submit them to the Kern County Superior Court. The main form is the DV-100, Request for Domestic Violence Restraining Order. You will also fill out a DV-109, which notifies the other party of the hearing date, and a DV-110 form if the judge grants the temporary order.
Here is a general overview of the steps many people follow:
- Pick up or download the required forms from the California Courts website or the Kern County courthouse.
- Complete the forms describing the abuse, the relationship, and what protections you need.
- Submit the forms to the court clerk at the Kern County Superior Court in Bakersfield.
- A judge reviews your request — often the same day — and may issue a temporary order without a hearing.
- The temporary order must be served on the restrained person before it takes full legal effect.
- Attend the full court hearing, usually scheduled within 20 to 25 days, where a judge decides whether to issue a longer-term order.
Court staff can tell you where to file, but they cannot give you legal advice. A family-law attorney can review your forms and help you describe your situation clearly and completely.
What Happens at the Full Court Hearing?
At the hearing, both you and the restrained person have the chance to speak, and the judge decides whether to issue a permanent restraining order — which in California can last up to five years. This is different from the temporary order, which only lasts until the hearing date. The judge will consider the evidence you present, any response filed by the other party, and the overall circumstances.
If children are involved, the judge may also make temporary custody and visitation decisions as part of the restraining order. In Bakersfield, CA, as elsewhere in California, courts consider the best interests of the child when making those decisions. Having an attorney with you at this hearing can make a real difference in how well-prepared you feel.
Will a Restraining Order Affect a Custody or Divorce Case?
A domestic violence restraining order can directly influence related family-law matters, including custody, visitation, and divorce proceedings. California courts take documented domestic violence seriously when determining custody arrangements. An attorney can explain how a restraining order might interact with any open or future family-law case you have in Kern County.
If you are also going through a divorce or a custody dispute, a restraining order may result in temporary orders that overlap with those proceedings. Getting advice from a licensed Bakersfield family-law attorney early helps you understand how these pieces connect.
What If You Cannot Afford an Attorney?
You can file for a restraining order in Bakersfield without an attorney — California courts have self-help resources, and the forms are designed for people to complete on their own. That said, having legal guidance, even for a single consultation, can help you understand what to include in your forms and what to expect at your hearing.
Some nonprofit organizations in the Kern County area offer free or low-cost assistance to domestic violence survivors. A family-law attorney can also review your situation and help you understand your full range of options.
Frequently Asked Questions
How quickly can a judge issue a temporary restraining order in Bakersfield?
In many cases, a judge reviews your paperwork and issues a temporary order the same day you file. Court hours and scheduling can affect timing, so filing early in the day is generally recommended.
Does the other person know I filed before the order is issued?
No — a TRO is typically issued without notifying the other person first. They are formally served with the order after it is granted, and then notified of the upcoming hearing date.
Can a restraining order give me temporary custody of my children?
Yes. A California domestic violence restraining order can include temporary custody and visitation terms. A family-law attorney can explain how those terms are determined and what to expect at the full hearing.
What is the difference between an EPO and a TRO?
An Emergency Protective Order is issued by law enforcement at the scene of an incident. A Temporary Restraining Order is issued by a judge after you file paperwork at the courthouse. Both offer short-term protection.
How long does a permanent restraining order last in California?
A permanent restraining order issued after a full hearing can last up to five years in California. It may be renewed before it expires if protection is still needed.
If you are in Bakersfield, CA and trying to understand your options around an emergency domestic violence restraining order, you do not have to figure this out alone. FamilyPath Legal can connect you with an independent, licensed family-law attorney in Bakersfield for a free case review — so you can ask your questions and understand what the process looks like for your specific situation.